I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/22/93 at 10:53:03. Database: USCODE Search: (27:CITE) ------DocID 36106 Document 1 of 111------ -CITE- 27 USC TITLE 27 -EXPCITE- TITLE 27 -HEAD- TITLE 27 - INTOXICATING LIQUORS -MISC1- Chap. Sec. 1. General Provisions (Repealed) 1 2. Prohibition of Intoxicating Beverages (Repealed, Omitted, or Transferred) 11 2A. Beer, Ale, Porter, and Similar Fermented Liquor (Repealed or Omitted) 64a 3. Industrial Alcohol (Omitted) 71 4. Penalties (Repealed) 91 5. Prohibition Reorganization Act of 1930 (Repealed) 101 6. Transportation in Interstate Commerce 121 7. Liquor Law Repeal and Enforcement Act (Omitted) 151 8. Federal Alcohol Administration Act 201 9. Liquor Enforcement Act of 1936 (Repealed) 221 -CROSS- CROSS REFERENCES Alcohol taxes, see section 5001 et seq. of Title 26, Internal Revenue Code. District of Columbia Alcoholic Beverage Control Act, see act Jan. 24, 1934, ch. 4, 48 Stat. 319, as amended, set out in section 25-101 et seq. of the District of Columbia Code. National minimum drinking age, see section 158 of Title 23, Highways. ------DocID 8980 Document 2 of 111------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 27 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 27 OF 1950 -MISC1- Reorganization Plan No. 27 of 1950, which proposed establishment of a Department of Health, Education, and Security, was submitted to Congress on May 31, 1950, and was disapproved by the House of Representatives on July 10, 1950. ------DocID 9760 Document 3 of 111------ -CITE- 7 USC CHAPTER 27 -EXPCITE- TITLE 7 CHAPTER 27 -HEAD- CHAPTER 27 - COTTON MARKETING ------DocID 14613 Document 4 of 111------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 27 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS EXTRAORDINARY RELIEF -HEAD- Rule 27. Petition for Extraordinary Relief, Writ Appeal Petition, Answer, and Reply -STATUTE- (a) Petition for extraordinary relief. (1) A petition for extraordinary relief, together with any available record, shall be filed within the time prescribed by Rule 19(d), shall be accompanied by proof of service on all named respondents, and shall contain: (A) A previous history of the case including whether prior actions or requests for the same relief have been filed or are pending in this or any other forum and the disposition or status thereof; (B) A concise statement of the facts necessary to understand the issue presented; (C) A statement of the issue; (D) The specific relief sought; (E) The jurisdictional basis for the relief sought and the reasons why the relief sought cannot be obtained during the ordinary course of trial or appellate review or through administrative procedures; and (F) Reasons for granting the writ. (2) Service on Judge Advocate General. The Clerk shall forward a copy of the petition to The Judge Advocate General of the service in which the case arose. (3) Brief, answer and reply. Each petition for extraordinary relief shall be accompanied by a brief in support of the petition substantially in the form specified in Rule 24, unless it is filed in propria persona. The Court may issue an order to show cause, in which event the respondent(s) shall file an Answer. The petitioner may file a reply to the answer. See Rule 28(b)(1) and (c)(1). (4) Initial Action by the Court. The Court may, as the circumstances require, dismiss or deny the petition, order the respondent(s) to show cause and file an answer within a time specified, or take any other action deemed appropriate, including referring the matter to a special master, who may be a military judge or other person, to make further investigation, to take evidence, and to make such recommendations to the Court as are deemed appropriate. See United States v. DuBay, 17 U.S.C.M.A. 147(1967). (5) Hearing and final action. The court may set the matter for hearing. However, on the basis of the pleadings alone, the Court may grant or deny the relief sought or issue such other order in the case as the circumstances may require. *** ILLUSTRATIONS OR TABLE DATA OMITTED *** (6) Electronic message petitions. The court will docket petitions for extraordinary relief submitted by means of an electronic message. (A) The message will contain the verbatim text of the petition, will conclude with the full name and address of petitioner's counsel, and will state when counsel placed the written petition and brief required by subsections (a)(1) and (a)(3) in the mail addressed to the Court and to all named respondents in accordance with Rules 36 and 39. (B) As the Court does not possess the capability for direct receipt of electronic messages, each such message will be transmitted to the Chief of the Appellate Defense Division or Appellate Government Division, as appropriate, within the Office of the Judge Advocate General of petitioner's service, with copies to all named respondents. Upon receipt of the message in the appropriate appellate division office, clearly legible copies will be reproduced and filed in accordance with Rule 37 by an appellate counsel appointed within such office. (b) Writ appeal petition, answer and reply. A writ appeal petition for review of a decision by a Court of Military Review acting on a petition for extraordinary relief shall be filed by an appellant, together with any available record, within the time prescribed by Rule 19(e), shall be accompanied by proof of service on the appellee, and shall contain the specific information required by subsection (a)(1) above. In addition, unless it is filed in propria persona, such petition shall be accompanied by a supporting brief substantially in the form specified in Rule 24. If such petition is filed in propria persona, appellate military counsel designated by the Judge Advocate General in accordance with Rule 17 will file a supporting brief no later than 20 days after the issuance by the Clerk of a notice of docketing of the petition. The appellee shall file an answer no later than 10 days after the filing of the appellant's brief. A reply may be filed by the appellant no later than 5 days after the filing of the appellee's answer. See Rule 28(b)(2) and (c)(2). Upon the filing of pleadings by the parties, the Court may grant or deny the writ appeal petition or take such other action as the circumstances may require. ------DocID 14667 Document 5 of 111------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW Rule 27 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW -HEAD- Rule 27. Recording, photographing, broadcasting, or telecasting of hearings -STATUTE- The recording, photographing, broadcasting, or televising of any session of the Court or other activity relating thereto is prohibited unless specifically authorized by the Court sitting as a whole. ------DocID 15159 Document 6 of 111------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 27 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 27. - Discharge of Debtor -STATUTE- (CAPTION AS IN FORM NO. 1) DISCHARGE OF DEBTOR It appearing that the person named above has filed a petition commencing a case under title 11, United States Code on XXXXXX, and an order for relief was entered under chapter 7 and that no complaint objecting to the discharge of the debtor was filed within the time fixed by the court (or that a complaint objecting to discharge of the debtor was filed and, after due notice and hearing, was not sustained); it is ordered that 1. The above-named debtor is released from all dischargeable debts. 2. Any judgment heretofore or hereafter obtained in any court other than this court is null and void as a determination of the personal liability of the debtor with respect to any of the following: (a) debts dischargeable under 11 U.S.C. Sec. 523; (b) unless heretofore or hereafter determined by order of this court to be nondischargeable, debts alleged to be excepted from discharge under clauses (2), (4) and (6) of 11 U.S.C. Sec. 523(a); (c) debts determined by this court to be discharged. 3. All creditors whose debts are discharged by this order and all creditors whose judgments are declared null and void by paragraph 2 above are enjoined from instituting or continuing any action or employing any process or engaging in any act to collect such debts as personal liabilities of the above-named debtor. Dated: XXXXXX BY THE COURT XXXXXXXXXXXXXX Bankruptcy Judge. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This form is a revision of former Official Form No. 24. It takes into account the features of Sec. 523 of the Code which in turn, were derived from the 1970 amendments to the Bankruptcy Act. ------DocID 15196 Document 7 of 111------ -CITE- 12 USC Sec. 27 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 27. Certificate of authority to commence banking -STATUTE- (a) If, upon a careful examination of the facts so reported, and of any other facts which may come to the knowledge of the comptroller, whether by means of a special commission appointed by him for the purpose of inquiring into the condition of such association, or otherwise, it appears that such association is lawfully entitled to commence the business of banking, the comptroller shall give to such association a certificate, under his hand and official seal, that such association has complied with all the provisions required to be complied with before commencing the business of banking, and that such association is authorized to commence such business. But the comptroller may withhold from an association his certificate authorizing the commencement of business, whenever he has reason to suppose that the shareholders have formed the same for any other than the legitimate objects contemplated by title 62 of the Revised Statutes. A National Bank Association, to which the Comptroller of the Currency has heretofore issued or hereafter issues such certificate, is not illegally constituted solely because its operations are or have been required by the Comptroller of the Currency to limited to those of a trust company and activities related thereto. (b)(1) The Comptroller of the Currency may also issue a certificate of authority to commence the business of banking pursuant to this section to a national banking association which is owned exclusively (except to the extent directors' qualifying shares are required by law) by other depository institutions and is organized to engage exclusively in providing services for other depository institutions and their officers, directors, and employees. (2) Any national banking association chartered pursuant to paragraph (1) shall be subject to such rules, regulations, and orders as the Comptroller deems appropriate, and, except as otherwise specifically provided in such rules, regulations, or orders, shall be vested with or subject to the same rights, privileges, duties, restrictions, penalties, liabilities, conditions, and limitations that would apply under the national banking laws to a national bank. -SOURCE- (R.S. Sec. 5169; Pub. L. 95-630, title XV, Sec. 1504, Nov. 10, 1978, 92 Stat. 3713; Pub. L. 96-221, title VII, Sec. 712(a), (c), Mar. 31, 1980, 94 Stat. 189, 190; Pub. L. 97-320, title IV, Sec. 404(a), Oct. 15, 1982, 96 Stat. 1511.) -REFTEXT- REFERENCES IN TEXT Title 62 of the Revised Statutes, referred to in subsec. (a), was in the original 'this Title' meaning title 62 of the Revised Statutes, consisting of R.S. Sec. 5133 to 5243, which are classified to sections 21, 22 to 24, 25a, 26 to 29, 35 to 37, 39, 51, 52, 53, 56, 57, 59 to 62, 66, 71, 72 to 76, 81 to 91, 93, 93a, 94, 101a, 102, 104, 107 to 110, 123, 124, 131 to 138, 141 to 144, 151, 152, 161, 164, 168 to 175, 181 to 186, 192 to 196, 481 to 485, 501, 541, 548, and 582 of this title. See, also, sections 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Procedure. For complete classification of R.S. Sec. 5133 to 5243 to the Code, see Tables. -COD- CODIFICATION R.S. Sec. 5169 derived from act June 3, 1864, ch. 106, Sec. 12, 18, 13 Stat. 102, 104, which was the National Bank Act. See section 38 of this title. -MISC3- AMENDMENTS 1982 - Pub. L. 97-320 designated existing provisions as subsec. (a) and added subsec. (b). 1980 - Pub. L. 96-221, Sec. 712(a), (c), temporarily inserted provisions relating to treatment of national banking associations as additional banks within the contemplation of section 1842 of this title. See Termination Date of 1980 Amendment note below. 1978 - Pub. L. 95-630 inserted provision that a National Bank Association, to which the Comptroller of the Currency has heretofore issued or hereafter issues such certificate, is not illegally constituted solely because its operations are or have been required by the Comptroller of the Currency to be limited to those of a trust company and activities related thereto. TERMINATION DATE OF 1980 AMENDMENT Section 712(c) of Pub. L. 96-221 provided that: 'The amendments made by this section (amending this section and section 1842 of this title) are hereby repealed on October 1, 1981.' EFFECTIVE DATE OF 1978 AMENDMENT Section 1505 of Pub. L. 95-630 provided that: 'This title (amending this section and sections 1715z-10 and 2902 of this title and amending provisions set out as a note under section 1666f of Title 15, Commerce and Trade) shall take effect upon enactment (Nov. 10, 1978).' -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. -CROSS- CROSS REFERENCES Conversion of national banks into State banks, see sections 214 to 214c of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 28 of this title. ------DocID 16677 Document 8 of 111------ -CITE- 12 USC CHAPTER 27 -EXPCITE- TITLE 12 CHAPTER 27 -HEAD- CHAPTER 27 - REAL ESTATE SETTLEMENT PROCEDURES -MISC1- Sec. 2601. Congressional findings and purpose. 2602. Definitions. 2603. Uniform settlement statement. 2604. Special information booklets. (a) Distribution by Secretary to lenders to help borrowers. (b) Form and detail; cost elements, standard settlement form, escrow accounts, selection of persons for settlement services; consideration of differences in settlement procedures. (c) Estimate of charges. (d) Distribution by lenders to loan applicants at time of receipt or preparation of applications. (e) Printing and distribution by lenders of booklets approved by Secretary. 2605. Servicing of mortgage loans and administration of escrow accounts. (a) Disclosure to applicant relating to assignment, sale, or transfer of loan servicing. (b) Notice by transferor of loan servicing at time of transfer. (c) Notice by transferee of loan servicing at time of transfer. (d) Treatment of loan payments during transfer period. (e) Duty of loan servicer to respond to borrower inquiries. (f) Damages and costs. (g) Administration of escrow accounts. (h) Preemption of conflicting State laws. (i) Definitions. 2606. Repealed. 2607. Prohibition against kickbacks and unearned fees. (a) Business referrals. (b) Splitting charges. (c) Fees, salaries, compensation, or other payments. (d) Penalties for violations; joint and several liability; treble damages; actions for injunction by Secretary and by State officials; costs and attorney fees; construction of State laws. 2608. Title companies; liability of seller. 2609. Limitation on requirement of advance deposits in escrow accounts. (a) In general. (b) Notification of shortage in escrow account. (c) Escrow account statements. (d) Penalties. 2610. Prohibition of fees for preparation of truth-in-lending, uniform settlement, and escrow account statements. 2611. Land parcel recordation system; establishment on demonstration basis. 2612. Report of Secretary on necessity for further Congressional action. (a) Administrative consultations; study, investigation, and hearings; time of submission. (b) Scope of report; specific practices or problems and corrective measures; cost burden for real estate settlement services; Federal regulation of charges and regulatory scheme; local government recordation of land title information and Federal assistance for development of a model system. 2613. Demonstration to determine feasibility of including statements of settlement costs in special information booklets; report to Congress. 2614. Jurisdiction of courts; limitations. 2615. Contracts and liens; validity. 2616. State laws unaffected; inconsistent Federal and State provisions. 2617. Authority of Secretary. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 1638; title 42 sections 3541, 8232. ------DocID 17470 Document 9 of 111------ -CITE- 15 USC Sec. 27 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 27. Effect of partial invalidity -STATUTE- If any clause, sentence, paragraph, or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. -SOURCE- (Oct. 15, 1914, ch. 323, Sec. 27, formerly Sec. 26, 38 Stat. 740, renumbered Dec. 2, 1980, Pub. L. 96-493, Sec. 2, 94 Stat. 2568.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, known as the Clayton Act, which is classified generally to sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of this title, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of this title and Tables. ------DocID 17769 Document 10 of 111------ -CITE- 15 USC Sec. 80a-27 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-27. Periodic payment plans -STATUTE- (a) Sale of certificates; restrictions It shall be unlawful for any registered investment company issuing periodic payment plan certificates, or for any depositor of or underwriter for such company, to sell any such certificate, if - (1) the sales load on such certificate exceeds 9 per centum of the total payments to be made thereon; (2) more than one-half of any of the first twelve monthly payments thereon, or their equivalent, is deducted for sales load; (3) the amount of sales load deducted from any one of such first payments exceeds proportionately the amount deducted from any other such payment, or the amount deducted from any subsequent payment exceeds proportionately the amount deducted from any other subsequent payment; (4) the first payment on such certificate is less than $20, or any subsequent payment is less than $10; (5) if such registered company is a management company, the proceeds of such certificate or the securities in which such proceeds are invested are subject to management fees (other than fees for administrative services of the character described in clause (C), paragraph (2), of section 80a-26(a) of this title) exceeding such reasonable amount as the Commission may prescribe, whether such fees are payable to such company or to investment advisers thereof; or (6) if such registered company is a unit investment trust the assets of which are securities issued by a management company, the depositor of or principal underwriter for such trust, or any affiliated person of such depositor or underwriter, is to receive from such management company or any affiliated person thereof any fee or payment on account of payments on such certificate exceeding such reasonable amount as the Commission may prescribe. (b) Exemptions If it appears to the Commission, upon application or otherwise, that smaller companies are subjected to relatively higher operating costs and that in order to make due allowance therefor it is necessary or appropriate in the public interest and consistent with the protection of investors that a provision or provisions of paragraph (1), (2), or (3) of subsection (a) of this section relative to sales load be relaxed in the case of certain registered investment companies issuing periodic payment plan certificates, or certain specified classes of such companies, the Commission is authorized by rules and regulations or order to grant any such company or class of companies appropriate qualified exemptions from the provisions of said paragraphs. (c) Sale of certificates; requirements It shall be unlawful for any registered investment company issuing periodic payment plan certificates, or for any depositor of or underwriter for such company, to sell any such certificate, unless - (1) such certificate is a redeemable security; and (2) the proceeds of all payments on such certificate (except such amounts as are deducted for sales load) are deposited with a trustee or custodian having the qualifications prescribed in paragraph (1) of section 80a-26(a) of this title for the trustees of unit investment trusts, and are held by such trustee or custodian under an indenture or agreement containing, in substance, the provisions required by paragraphs (2) and (3) of section 80a-26(a) of this title for the trust indentures of unit investment trusts. (d) Surrender of certificates; regulations Notwithstanding subsection (a) of this section, it shall be unlawful for any registered investment company issuing periodic payment plan certificates, or for any depositor of or underwriter for such company, to sell any such certificate unless the certificate provide that the holder thereof may surrender the certificate at any time within the first eighteen months after the issuance of the certificate and receive in payment thereof, in cash, the sum of (1) the value of his account, and (2) an amount, from such underwriter or depositor, equal to that part of the excess paid for sales loading which is over 15 per centum of the gross payments made by the certificate holder. The Commission may make rules and regulations applicable to such underwriters and depositors specifying such reserve requirements as it deems necessary or appropriate in order for such underwriters and depositors to carry out the obligations to refund sales charges required by this subsection. (e) Refund privileges; notice; rules With respect to any periodic payment plan certificate sold subject to the provisions of subsection (d) of this section, the registered investment company issuing such periodic payment plan certificate, or any depositor of or underwriter for such company, shall in writing (1) inform each certificate holder who has missed three payments or more, within thirty days following the expiration of fifteen months after the issuance of the certificate, or, if any such holder has missed one payment or more after such period of fifteen months but prior to the expiration of eighteen months after the issuance of the certificate, at any time prior to the expiration of such eighteen-month period, of his right to surrender his certificate as specified in subsection (d) of this section, and (2) inform the certificate holder of (A) the value of the holder's account as of the time the written notice was given to such holder, and (B) the amount to which he is entitled as specified in subsection (d) of this section. The Commission may make rules specifying the method, form, and contents of the notice required by this subsection. (f) Charges, statement; rules; surrender of certificates; regulations With respect to any periodic payment plan (other than a plan under which the amount of sales load deducted from any payment thereon does not exceed 9 per centum of such payment), the custodian bank for such plan shall mail to each certificate holder, within sixty days after the issuance of the certificate, a statement of charges to be deducted from the projected payments on the certificate and a notice of his right of withdrawal as specified in this section. The Commission may make rules specifying the method, form, and contents of the notice required by this subsection. The certificate holder may within forty-five days of the mailing of the notice specified in this subsection surrender his certificate and receive in payment thereof, in cash, the sum of (1) the value of his account, and (2) an amount, from the underwriter or depositor, equal to the difference between the gross payments made and the net amount invested. The Commission may make rules and regulations applicable to underwriters and depositors of companies issuing any such certificate specifying such reserve requirements as it deems necessary or appropriate in order for such underwriters and depositors to carry out the obligations to refund sales charges required by this subsection. (g) Governing provisions; election Notwithstanding the provisions of subsections (a) and (d) of this section, a registered investment company issuing periodic payment plan certificates may elect, by written notice to the Commission, to be governed by the provisions of subsection (h) of this section rather than the provisions of subsections (a) and (d) of this section. (h) Sale of certificates; restrictions Upon making the election specified in subsection (g) of this section, it shall be unlawful for any such electing registered investment company issuing periodic payment plan certificates, or for any depositor of or underwriter for such company, to sell any such certificate, if - (1) the sales load on such certificate exceeds 9 per centum of the total payments to be made thereon; (2) more than 20 per centum of any payment thereon is deducted for sales load, or an average of more than 16 per centum is deducted for sales load from the first forty-eight monthly payments thereon, or their equivalent; (3) the amount of sales load deducted from any one of the first twelve monthly payments, the thirteenth through twenty-fourth monthly payments, the twenty-fifth through thirty-sixth monthly payments, or the thirty-seventh through forty-eighth monthly payments, or their equivalents, respectively, exceeds proportionately the amount deducted from any other such payment, or the amount deducted from any subsequent payment exceeds proportionately the amount deducted from any other subsequent payment; (4) the deduction for sales load on the excess of the payment or payments in any month over the minimum monthly payment, or its equivalent, to be made on the certificate exceeds the sales load applicable to payments subsequent to the first forty-eight monthly payments or their equivalent; (5) the first payment on such certificate is less than $20, or any subsequent payment is less than $10; (6) if such registered company is a management company, the proceeds of such certificate or the securities in which such proceeds are invested are subject to management fees (other than fees for administrative services of the character described in clause (C) of paragraph (2) of section 80a-26(a) of this title) exceeding such reasonable amount as the Commission may prescribe, whether such fees are payable to such company or to investment advisers thereof; or (7) if such registered company is a unit investment trust the assets of which are securities issued by a management company, the depositor of or principal underwriter for such trust, or any affiliated person of such depositor or underwriter, is to receive from such management company or any affiliated person thereof any fee or payment on account of payments on such certificate exceeding such reasonable amount as the Commission may prescribe. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 27, 54 Stat. 829; Dec. 14, 1970, Pub. L. 91-547, Sec. 16, 84 Stat. 1424; Nov. 23, 1971, Pub. L. 92-165, 85 Stat. 487.) -MISC1- AMENDMENTS 1971 - Subsec. (f). Pub. L. 92-165 inserted '(other than a plan under which the amount of sales load deducted from any payment thereon does not exceed 9 per centum of such payment)'. 1970 - Subsecs. (d) to (h). Pub. L. 91-547 added subsecs. (d) to (h). EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-547 effective on expiration of six months after Dec. 14, 1970, see section 30(3) of Pub. L. 91-547, set out as a note under section 80a-52 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 80a-6 of this title. ------DocID 18451 Document 11 of 111------ -CITE- 15 USC CHAPTER 27 -EXPCITE- TITLE 15 CHAPTER 27 -HEAD- CHAPTER 27 - AUTOMOBILE DEALER SUITS AGAINST MANUFACTURERS -MISC1- Sec. 1221. Definitions. 1222. Authorization of suits against manufacturers; amount of recovery; defenses. 1223. Limitations. 1224. Antitrust laws as affected. 1225. State laws as affected. ------DocID 19653 Document 12 of 111------ -CITE- 16 USC Sec. 27 to 29 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 27 to 29. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992, eff. Sept. 1, 1948 -MISC1- Section 27, acts May 7, 1894, ch. 72, Sec. 5, 28 Stat. 74; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; June 28, 1938, ch. 778, Sec. 1, 52 Stat. 1213, related to jurisdiction and powers of commissioner (now magistrate judges). See sections 131, 631, and 632 of Title 28, Judiciary and Judicial Procedure. Section 28, act May 7, 1894, ch. 72, Sec. 6, 28 Stat. 75, related to deputy marshals. See section 562 of Title 28. Section 29, acts May 7, 1894, ch. 72, Sec. 7, 28 Stat. 75; Apr. 17, 1900, ch. 192, Sec. 1, 31 Stat. 133; Mar. 4, 1923, ch. 295, 42 Stat. 1560, related to compensation of commissioners (now magistrate judges), marshals, and United States attorneys. See sections 548, 571, 572, and 634 of Title 28. ------DocID 21120 Document 13 of 111------ -CITE- 16 USC Sec. 460m-27 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXI-A -HEAD- Sec. 460m-27. Improvement of access at Cunard -STATUTE- (a) Development and improvement The Secretary shall expeditiously acquire such lands, and undertake such developments and improvements, as may be necessary to provide for commercial and noncommercial access to the river near Cunard. No restriction shall be imposed on such access based on the time of day, except to the extent required to protect public health and safety. (b) Interim measures Pending completion of the developments and improvements referred to in subsection (a) of this section, the Secretary shall permit the motorized towing of whitewater rafts in the section of the national river between Thurmond and Cunard when the volume of flow in the river is less than three thousand cubic feet per second. -SOURCE- (Pub. L. 95-625, title XI, Sec. 1114, as added Pub. L. 100-534, title I, Sec. 103, Oct. 26, 1988, 102 Stat. 2700.) ------DocID 22882 Document 14 of 111------ -CITE- 16 USC CHAPTER 27 -EXPCITE- TITLE 16 CHAPTER 27 -HEAD- CHAPTER 27 - NATIONAL TRAILS SYSTEM -MISC1- Sec. 1241. Congressional statement of policy and declaration of purpose. (a) Considerations for determining establishment of trails. (b) Initial components. (c) Volunteer citizen involvement. 1242. National trails system. (a) Composition: recreation trails; scenic trails; historic trails; connecting or side trails; uniform markers. (b) Extended trails. (c) Comprehensive plan submitted by Secretary of the Interior to Congress; revisions; content; consultation. 1243. National recreation trails; establishment and designation; prerequisites. 1244. National scenic and national historic trails. (a) Establishment and designation; administration. (b) Additional national scenic or national historic trails; feasibility studies; consultations; submission of studies to Congress; scope of studies; qualifications for national historic trail designation. (c) Routes subject to consideration for designation as national scenic trails. (d) Trail advisory councils; establishment and termination; term and compensation; membership; chairman. (e) Comprehensive national scenic trail plan; consultation; submission to Congressional committees. (f) Comprehensive national historic trail plan; consultation; submission to Congressional committees. 1245. Connecting or side trails; establishment, designation, and marking as components of national trails system; location. 1246. Administration and development of national trails system. (a) Consultation of Secretary with other agencies; transfer of management responsibilities; selection of rights-of-way; criteria for selection; notice; impact upon established uses. (b) Relocation of segment of national, scenic or historic, trail right-of-way; determination of necessity with official having jurisdiction; necessity for Act of Congress. (c) Facilities on national, scenic or historic, trails; permissible activities; use of motorized vehicles; trail markers; establishment of uniform marker; placement of uniform markers; trail interpretation sites. (d) Use and acquisition of lands within exterior boundaries of areas included within right-of-way. (e) Right-of-way lands outside exterior boundaries of federally administered areas; cooperative agreements or acquisition; failure to agree or acquire; agreement or acquisition by Secretary concerned; right of first refusal for original owner upon disposal. (f) Exchange of property within the right-of-way by Secretary of the Interior; property subject to exchange; equalization of value of property; exchange of national forest lands by Secretary of Agriculture; tracts lying outside trail acquisition area. (g) Condemnation proceedings to acquire private lands; limitations; availability of funds for acquisition of lands or interests therein; acquisition of high potential, route segments or historic sites. (h) Development and maintenance of national, scenic or historic, trails; cooperation with States over portions located outside of federally administered areas; cooperative agreements; participation of volunteers; reservation of right-of-way for trails in conveyances by Secretary of the Interior. (i) Regulations; issuance; concurrence and consultation; revision; publication; violations; penalties; utilization of national park or national forest authorities. (j) Types of trail use allowed. (k) Donations or other conveyances of qualified real property interests. 1247. State and local area recreation and historic trails. (a) Secretary of the Interior to encourage States, political subdivisions, and private interests; financial assistance for State and local projects. (b) Secretary of Housing and Urban Development to encourage metropolitan and other urban areas; administrative and financial assistance in connection with recreation and transportation planning; administration of urban open-space program. (c) Secretary of Agriculture to encourage States, local agencies, and private interests. (d) Interim use of railroad rights-of-way. (e) Designation and marking of trails; approval of Secretary of the Interior. 1248. Easements and rights-of-way. (a) Authorization; conditions. (b) Cooperation of Federal agencies with Secretary of the Interior and Secretary of Agriculture. (c) Abandoned railroad grants; retention of rights. (d) Location, incorporation, and management. (e) Release and quitclaim; conditions; sale; proceeds. (f) 'Conservation system unit' and 'public lands' defined. 1249. Authorization of appropriations. 1250. Volunteer trails assistance. (a) Volunteer planning, development, maintenance, and management of trails. (b) Scope of volunteer work. (c) Use of Federal facilities, equipment, tools, and technical assistance. 1251. Definitions. ------DocID 23968 Document 15 of 111------ -CITE- 18 USC CHAPTER 27 -EXPCITE- TITLE 18 PART I CHAPTER 27 -HEAD- CHAPTER 27 - CUSTOMS -MISC1- Sec. 541. Entry of goods falsely classified. 542. Entry of goods by means of false statements. 543. Entry of goods for less than legal duty. 544. Relanding of goods. 545. Smuggling goods into the United States. 546. Smuggling goods into foreign countries. 547. Depositing goods in buildings on boundaries. 548. Removing or repacking goods in warehouses. 549. Removing goods from customs custody; breaking seals. 550. False claim for refund of duties. 551. Concealing or destroying invoices or other papers. 552. Officers aiding importation of obscene or treasonous books and articles. 553. Importation or exportation of stolen motor vehicles, off-highway mobile equipment, vessels, or aircraft. AMENDMENTS 1984 - Pub. L. 98-547, title III, Sec. 301(b), Oct. 25, 1984, 98 Stat. 2771, added item 553. -CROSS- CROSS REFERENCES Bribery of public officials, see section 201 of this title. Enforcement provisions, section 1581 et seq. of Title 19, Customs Duties. Forfeitures; penalty for aiding unlawful importation, see section 1595a of Title 19. Libel of vessels and vehicles, see section 1594 of Title 19. Search of vehicles and persons, see section 482 of Title 19. Searches and seizures, see section 1595 of Title 19. ------DocID 25112 Document 16 of 111------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 27 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VI -HEAD- Rule 27. Proof of Official Record -STATUTE- An official record or an entry therein or the lack of such a record or entry may be proved in the same manner as in civil actions. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule incorporates by reference Rule 44 of the Federal Rules of Civil Procedure, 28 U.S.C., Appendix, which provided a simple and uniform method of proving public records and entry or lack of entry therein. The rule does not supersede statutes regulating modes of proof in respect to specific official records. In such cases parties have the option of following the general rule or the pertinent statute. Among the many statutes are: U.S.C., Title 28: Section 661 (now 1733) (Copies of department or corporation records and papers; admissibility; seal) Section 662 (now 1733) (Same; in office of General Counsel of the Treasury) Section 663 (now 1733) (Instruments and papers of Comptroller of Currency; admissibility) Section 664 (now 1733) (Organization certificates of national banks; admissibility) Section 665 (now 1733) (Transcripts from books of Treasury in suits against delinquents; admissibility) Section 666 (now 1733) (Same; certificate by Secretary or Assistant Secretary) Section 668 (now 18 U.S.C. 3497) (Same; indictments for embezzlement of public moneys) Section 669 (former) (Copies of returns in returns office admissible) Section 670 (now 1743) (Admissibility of copies of statements of demands by Post Office Department) Section 671 (now 1733) (Admissibility of copies of post office records and statement of accounts) Section 672 (see 1733) (Admissibility of copies of records in General Land Office) Section 673 (now 1744) (Admissibility of copies of records, and so forth, of Patent Office) Section 674 (now 1745) (Copies of foreign letters patent as prima facie evidence) Section 675 (former) (Copies of specifications and drawings of patents admissible) Section 676 (now 1736) (Extracts from Journals of Congress admissible when injunction of secrecy removed) Section 677 (now 1740) (Copies of records in offices of United States consuls admissible) Section 678 (former) (Books and papers in certain district courts) Section 679 (former) (Records in clerks' offices, western district of North Carolina) Section 680 (former) (Records in clerks' offices of former district of California) Section 681 (now 1734) (Original records lost or destroyed; certified copy admissible) Section 682 (now 1734) (Same; when certified copy not obtainable) Section 685 (now 1735) (Same; certified copy of official papers) Section 687 (now 1738) (Authentication of legislative acts; proof of judicial proceedings of State) Section 688 (now 1739) (Proofs of records in offices not pertaining to courts) Section 689 (now 1742) (Copies of foreign records relating to land titles) Section 695a-695h (now 18 U.S.C. 3491-3496; 22 U.S.C. 1204; 1741) (Foreign documents) U.S.C., Title 1: Section 30 (now 112) (Statutes at Large; contents; admissibility in evidence) Section 30a (now 113) ('Little and Brown's' edition of laws and treaties competent evidence of Acts of Congress) Section 54 (now 204) (Codes and Supplements as establishing prima facie the Laws of United States and District of Columbia, citation of Codes and Supplements) Section 55 (now 209) (Copies of Supplements to Code of Laws of United States and of District of Columbia Code and Supplements; conclusive evidence of original) U.S.C., Title 5: Section 490 (see 28 U.S.C. 1733) (Records of Department of Interior; authenticated copies as evidence) U.S.C., Title 8: Section 717(b) (see 1435, 1482) (Former citizens of United States excepted from certain requirements; citizenship lost by spouse's alienage or loss of United States citizenship, or by entering armed forces of foreign state or acquiring its nationality) Section 727(g) (see 1443) (Administration of naturalization laws; rules and regulations; instruction in citizenship; forms; oaths; depositions; documents in evidence; photographic studio) U.S.C., Title 15: Section 127 (see 1057(e)) (Trade-marks; copies of records as evidence) U.S.C., Title 20: Section 52 (Smithsonian Institution; evidence of title to site and buildings) U.S.C., Title 25: Section 6 (Bureau of Indian Affairs; seal; authenticated and certified documents; evidence) U.S.C., Title 31: Section 46 (see 704) (Laws governing General Accounting Office; copies of books, records, etc., thereof as evidence) U.S.C., Title 38: Section 11g (now 202) (Seal of Veterans' Administration; authentication of copies of records) U.S.C., Title 43: Section 57 (Authenticated copies or extracts from records as evidence) Section 58 (Transcripts from records of Louisiana) Section 59 (Official papers in office of surveyor general in California; papers; copies) Section 83 (Transcripts of records as evidence) U.S.C., Title 44: Section 300h (now 2112) (National Archives; seal; reproduction of archives; fee; admissibility in evidence of reproductions) Section 307 (now 1507) (Filing document as constructive notice; publication in Register as presumption of validity; judicial notice; citation) U.S.C., Title 47: Section 412 (Documents filed with Federal Communications Commission as public records; prima facie evidence; confidential records) U.S.C., Title 49: Section 16 (now 10303) (Orders of Commission and enforcement thereof; forfeitures - (13) copies of schedules, tariffs, contracts, etc., kept as public records; evidence) -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Proof of official record, see rule 44, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Commission to consular offices to authenticate foreign documents, see section 3492 of this title. Foreign documents, see sections 3491 to 3496 of this title. ------DocID 26083 Document 17 of 111------ -CITE- 20 USC Sec. 27 -EXPCITE- TITLE 20 CHAPTER 2 -HEAD- Sec. 27. Loss of funds; replacing; limitation on use -STATUTE- If any portion of the moneys received by the custodian for vocational education of any State under this chapter, for any given purpose named in this chapter, shall, by any action or contingency, be diminished or lost, it shall be replaced by such State, and until so replaced no subsequent appropriation for such education shall be paid to such State. No portion of any moneys appropriated under this chapter for the benefit of the States shall be applied, directly or indirectly, to the purchase, erection, preservation, or repair of any building or buildings or equipment, or for the purchase or rental of lands, or for the support of any religious or privately owned or conducted school or college. -SOURCE- (Feb. 23, 1917, ch. 114, Sec. 17, 39 Stat. 936.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original 'this Act', meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed. ------DocID 26607 Document 18 of 111------ -CITE- 20 USC CHAPTER 27 -EXPCITE- TITLE 20 CHAPTER 27 -HEAD- CHAPTER 27 - NATIONAL VOCATIONAL STUDENT LOAN INSURANCE ------DocID 29023 Document 19 of 111------ -CITE- 22 USC Sec. 277d-27 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-27. Execution of agreements -STATUTE- The United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized to carry out those measures agreed upon for execution by the United States in the agreements concluded pursuant to section 277d-26 of this title. -SOURCE- (Pub. L. 88-411, Sec. 2, Aug. 10, 1964, 78 Stat. 386.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 277d-28 of this title. ------DocID 30002 Document 20 of 111------ -CITE- 22 USC CHAPTER 27 -EXPCITE- TITLE 22 CHAPTER 27 -HEAD- CHAPTER 27 - INTERNATIONAL CULTURAL EXCHANGE AND TRADE FAIR PARTICIPATION ------DocID 31702 Document 21 of 111------ -CITE- 25 USC Sec. 27 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 27. Omitted -COD- CODIFICATION Section, R.S. 2062; acts July 13, 1892, ch. 164, Sec. 1, 27 Stat. 120; July 1, 1898, ch. 545, Sec. 1, 30 Stat. 573, authorized the President to require that military officers perform the duties of Indian agents. The services of Indian agents have been dispensed with since 1908. See section 64 of this title and notes thereunder. ------DocID 32427 Document 22 of 111------ -CITE- 25 USC Sec. 640d-27 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER XXII -HEAD- Sec. 640d-27. Attorney fees, costs and expenses for litigation or court action -STATUTE- (a) Payment by Secretary; authorization of appropriations In any litigation or court action between or among the Hopi Tribe, the Navajo Tribe and the United States or any of its officials, departments, agencies, or instrumentalities, arising out of the interpretation or implementation of this subchapter, as amended, the Secretary shall pay, subject to the availability of appropriations, attorney's fees, costs and expenses as determined by the Secretary to be reasonable. For each tribe, there is hereby authorized to be appropriated not to exceed $120,000 in fiscal year 1981, $130,000 in fiscal year 1982, $140,000 in fiscal year 1983, $150,000 in fiscal year 1984, and $160,000 in fiscal year 1985, and each succeeding year thereafter until such litigation or court action is finally completed. (b) Award by court; reimbursement to Secretary Upon the entry of a final judgment in any such litigation or court action, the court shall award reasonable attorney's fees, costs and expenses to the party, other than the United States or its officials, departments, agencies, or instrumentalities, which prevails or substantially prevails, where it finds that any opposing party has unreasonably initiated or contested such litigation. Any party to whom such an award has been made shall reimburse the United States out of such award to the extent that it has received payments pursuant to subsection (a) of this section. (c) Excess difference between award of court and award of Secretary treated as final judgment of Court of Claims To the extent that any award made to a party against the United States pursuant to subsection (b) of this section exceeds the amount paid to such party by the United States pursuant to subsection (a) of this section, such difference shall be treated as if it were a final judgment of the Court of Claims under section 2517 of title 28. (d) Litigation or court actions applicable This section shall apply to any litigation or court action pending upon July 8, 1980, in which a final order, decree, judgment has not been entered, but shall not apply to any action authorized by section 640d-7 or 640d-17(a) of this title. -SOURCE- (Pub. L. 93-531, Sec. 29, as added Pub. L. 96-305, Sec. 11, July 8, 1980, 94 Stat. 934.) -REFTEXT- REFERENCES IN TEXT The Court of Claims, referred to in subsec. (c), and the Court of Customs and Patent Appeals were merged effective Oct. 1, 1982, into a new United States Court of Appeals for the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which also created a United States Claims Court that inherited the trial jurisdiction of the Court of Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial Procedure. ------DocID 33395 Document 23 of 111------ -CITE- 25 USC CHAPTER 27 -EXPCITE- TITLE 25 CHAPTER 27 -HEAD- CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS -MISC1- Sec. 2501. Findings. 2502. Declaration of policy. (a) Recognition. (b) Commitment. (c) National goal. (d) Educational needs. (e) Federal relations. (f) Termination. 2503. Grants authorized. (a) In general. (b) Limitations. (c) Limitation on transfer of funds among schoolsites. (d) No requirement to accept grants. (e) No effect on Federal responsibility. (f) Retrocession. (g) No termination for administrative convenience. 2504. Composition of grants. (a) In general. (b) Special rules. 2505. Eligibility for grants. (a) In general. (b) Additional requirements for Bureau schools and certain electing schools. (c) Additional requirements for school which is not a Bureau funded school. (d) Applications and reports. (e) Effective date for approved applications. (f) Denial of applications. (g) Report. 2506. Duration of eligibility determination. (a) In general. (b) Annual reports. (c) Revocation of eligibility. (d) Applicability of section pursuant to election under section 2508(b). 2507. Payment of grants; investment of funds. (a) Payments. (b) Investment of funds. (c) Recoveries. 2508. Application with respect to Indian Self-Determination and Education Assistance Act. (a) Certain provisions to apply to grants. (b) Election for grant in lieu of contract. (c) No duplication. (d) Transfers and carryovers. (e) Exceptions, problems, and disputes. 2509. Role of Director. 2510. Regulations. 2511. Definitions. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2008a, 2019, 3207 of this title; title 20 section 2711. ------DocID 33539 Document 24 of 111------ -CITE- 26 USC Sec. 27 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart B -HEAD- Sec. 27. Taxes of foreign countries and possessions of the United States; possession tax credit -STATUTE- (a) Foreign tax credit The amount of taxes imposed by foreign countries and possessions of the United States shall be allowed as a credit against the tax imposed by this chapter to the extent provided in section 901. (b) Section 936 credit In the case of a domestic corporation, the amount provided by section 936 (relating to Puerto Rico and possession tax credit) shall be allowed as a credit against the tax imposed by this chapter. -SOURCE- (Aug. 16, 1954, ch. 736, 68A Stat. 13, Sec. 33; Oct. 4, 1976, Pub. L. 94-455, title X, Sec. 1051(a), 90 Stat. 1643; renumbered Sec. 27, July 18, 1984, Pub. L. 98-369, div. A, title IV, Sec. 471(c), 98 Stat. 826.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-369, Sec. 471(c), renumbered section 33 of this title as this section. 1976 - Pub. L. 94-455 designated existing provisions as subsec. (a) and added subsec. (b). EFFECTIVE DATE OF 1976 AMENDMENT Section 1051(i) of Pub. L. 94-455, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: '(1) Except as provided by paragraph (2), the amendments made by this section (enacting section 936 of this title and amending sections 33 (now 27), 48, 116, 243, 246, 861, 901, 904, 931, 1504, and 6091 of this title) shall apply to taxable years beginning after December 31, 1975, except that 'qualified possession source investment income' as defined in section 936(d)(2) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954) shall include income from any source outside the United States if the taxpayer establishes to the satisfaction of the Secretary of the Treasury or his delegate that the income from such sources was earned before October 1, 1976. '(2) The amendment made by subsection (d)(2) (amending section 901 of this title) shall not apply to any tax imposed by a possession of the United States with respect to the complete liquidation occurring before January 1, 1979, of a corporation to the extent that such tax is attributable to earnings and profits accumulated by such corporation during periods ending before January 1, 1976.' -CROSS- CROSS REFERENCES Foreign tax credit, see section 901 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 28, 29, 55, 59, 108, 469, 691, 921, 1351 of this title. ------DocID 6934 Document 25 of 111------ -CITE- 2 USC Sec. 27 -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 27. Change of place of meeting -STATUTE- Whenever Congress is about to convene, and from the prevalence of contagious sickness, or the existence of other circumstances, it would, in the opinion of the President, be hazardous to the lives or health of the members to meet at the seat of Government, the President is authorized, by proclamation, to convene Congress at such other place as he may judge proper. -SOURCE- (R.S. Sec. 34.) -COD- CODIFICATION R.S. Sec. 34 derived from act Apr. 3, 1794, ch. 17, 1 Stat. 353. -CROSS- CROSS REFERENCES Removal of public offices from seat of government because of prevalence of contagious or epidemic disease, see section 73 of Title 4, Flag and Seal, Seat of Government, and the States. ------DocID 36107 Document 26 of 111------ -CITE- 27 USC CHAPTER 1 -EXPCITE- TITLE 27 CHAPTER 1 -HEAD- CHAPTER 1 - GENERAL PROVISIONS -MISC1- EFFECT OF 21ST AMENDMENT; EXTENT OF REPEAL OF TITLE II OF NATIONAL PROHIBITION ACT Act Oct. 28, 1919, ch. 85, 41 Stat. 305, as amended and supplemented, known as the National Prohibition Act, was included in chapters 1, 2, 3, and 4 of this title. Such provisions of that act and subsequent legislation as were dependent upon the 18th Amendment to the United States Constitution became inoperative by adoption of the 21st Amendment to the Constitution on Dec. 5, 1933, repealing the 18th Amendment. Sections 2 to 5 of this chapter (acts Oct. 28, 1919, ch. 85, Sec. 1, 41 Stat. 307; Nov. 23, 1921, ch. 134, Sec. 3, 5, 42 Stat. 223) and sections 11 to 40, 44 to 57, 61, 62, and 64 of chapter 2 (acts Oct. 28, 1919, ch. 85, Sec. 2 to 39, 41 Stat. 308 to 319; Nov. 23, 1921, ch. 134, Sec. 2, 5, 42 Stat. 222, 223; Mar. 31, 1933, ch. 18, Sec. 1 to 3, 48 Stat. 23, 24) constituting title II of the National Prohibition Act as amended and supplemented, were repealed to the extent in force in the District of Columbia, Puerto Rico and the Virgin Islands, Hawaii, and Alaska by acts Jan. 24, 1934, ch. 4, Sec. 1, 48 Stat. 319; Mar. 2, 1934, ch. 37, Sec. 2, 3, 48 Stat. 361; Mar. 26, 1934, ch. 88, Sec. 2, 3, 48 Stat. 467; and Apr. 13, 1934, ch. 119, Sec. 1, 5, 48 Stat. 583, 584, respectively. ------DocID 36108 Document 27 of 111------ -CITE- 27 USC Sec. 1 to 5 -EXPCITE- TITLE 27 CHAPTER 1 -HEAD- Sec. 1 to 5. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49 Stat. 872 -MISC1- Section 1, act Oct. 28, 1919, ch. 85, Sec. 1, 41 Stat. 305, set forth the short title of act as 'National Prohibition Act'. Section 2, act Nov. 23, 1921, ch. 134, Sec. 3, 42 Stat. 223, provided that this title apply to the United States and all territory subject to its jurisdiction, including the Territory of Hawaii and the Virgin Islands. Section 3, act Nov. 23, 1921, ch. 134, Sec. 5, 42 Stat. 223, authorized all laws relating to the manufacture and taxation of and traffic in intoxicating liquor, and all penalties for violations of such laws that were in force on Oct. 28, 1919, to continue in force, as to both beverage and nonbeverage liquor, except to the extent provisions of such laws were directly in conflict with provisions of this title. Section 4, acts Oct. 28, 1919, ch. 85, title II, Sec. 1, 41 Stat. 307; Nov. 23, 1921, ch. 134, Sec. 1, 42 Stat. 222, defined 'liquor' or 'intoxicating liquor', 'person', 'commissioner', 'application', 'permit', 'bond', and 'regulation'. Section 5, act Oct. 28, 1919, ch. 85, title II, Sec. 1, 41 Stat. 308, provided that any act authorized to be done by the commissioner could be performed by any assistant or agent designated by him for that purpose, and any records required to be filed with the commissioner could be filed with an assistant commissioner or any other person designated to receive such records. ------DocID 36109 Document 28 of 111------ -CITE- 27 USC CHAPTER 2 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES -MISC1- This chapter, comprising sections 11 to 64, in large measure became inoperative by the adoption of the 21st Amendment to the Constitution. See note preceding sections 1 to 5 of this title. Repeal of provisions of this title affecting District of Columbia, Puerto Rico, Virgin Islands, Hawaii and Alaska, see note preceding sections 1 to 5 of this title. ------DocID 36110 Document 29 of 111------ -CITE- 27 USC Sec. 11 to 40 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 11 to 40. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49 Stat. 872 -MISC1- Section 11, act Oct. 28, 1919, ch. 85, title II, Sec. 2, 41 Stat. 308, authorized Commissioner of Internal Revenue, his assistants, agents, and inspectors to swear out warrants before United States commissioners or other officers or courts authorized to issue warrants, and to investigate and report violations of this title to United States attorney for district in which violations were committed. Section 12, act Oct. 28, 1919, ch. 85, title II, Sec. 3, 41 Stat. 308, provided that no person manufacture, sell, barter, transport, import, export, deliver, furnish or possess any intoxicating liquor except as otherwise provided by provisions of this title. Section 13, act Oct. 28, 1919, ch. 85, title II, Sec. 4, 41 Stat. 309, exempted specified articles, after having been manufactured and prepared for market, from provisions of this title, required manufacturers of such exempt articles to secure permits, give bonds, keep records, and make reports, and made unlawful the failure to comply with any of foregoing requirements. Section 14, act Oct. 28, 1919, ch. 85, title II, Sec. 5, 41 Stat. 309, authorized commissioner to analyze specified manufactured articles in order to determine whether said articles constituted intoxicating liquors. Section 15, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222, authorized commissioner to order a change of formula of preparations used as a beverage or for intoxicating liquor purposes where sale or use of such preparations was substantially increased in community by reason of its use as a beverage or for intoxicating beverage purposes. Section 16, act Oct. 28, 1919, ch. 85, title II, Sec. 6, 41 Stat. 310, required that any person manufacturing, selling, purchasing, transporting, or prescribing any liquor, except liquor purchased and used for medicinal purposes when prescribed by a physician, liquor purchased and used in a bona fide hospital or sanitarium for treatment of alcoholism, and wine manufactured, etc., for sacramental or religious purposes, first obtain a permit from commissioner. Section 17, act Oct. 28, 1919, ch. 85, title II, Sec. 7, 41 Stat. 311, authorized no one but a physician holding a permit to prescribe liquor to issue any prescription for liquor, required every such physician to keep a record of every prescription issued, and required pharmacist filling each prescription issued to indorse upon it over his own signature 'canceled'. Section 18, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222, specified kinds of liquor which could be prescribed for medicinal purposes, percentage of alcohol in such prescriptions, and quantity permitted to be prescribed. Section 19, act Oct. 28, 1919, ch. 85, title II, Sec. 8, 41 Stat. 311, authorized commissioner to issue prescription blanks, free of cost, to physicians holding permits to prescribe liquor for medicinal purposes. Section 20, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222, set forth number of prescription blanks that could be issued to a physician, and number of prescriptions that could be issued by a physician. Section 21, act Oct. 28, 1919, ch. 85, title II, Sec. 9, 41 Stat. 311, set forth procedure by which commissioner could cite permittees believed not to be conforming to provisions of this title, or who had violated laws of any State relating to intoxicating liquors. Section 22, act Oct. 28, 1919, ch. 85, title II, Sec. 10, 41 Stat. 312, required every person manufacturing, purchasing, selling, or transporting any liquor to make and keep a permanent record of all such transactions. Section 23, act Oct. 28, 1919, ch. 85, title II, Sec. 11, 41 Stat. 312, required all manufacturers and wholesale or retail druggists to keep a copy of all permits to purchase on which a sale of any liquor was made. Section 24, act Oct. 28, 1919, ch. 85, title II, Sec. 12, 41 Stat. 312, required all persons manufacturing liquor for sale to attach labels to every container, and specified the information to be placed on such labels. Section 25, act Oct. 28, 1919, ch. 85, title II, Sec. 13, 41 Stat. 312, required every carrier to make a record at place of shipment of receipt of any liquor transported, and to deliver liquor only to persons presenting to him a verified copy of a permit to purchase. Section 26, act Oct. 28, 1919, ch. 85, title II, Sec. 14, 41 Stat. 312, made it unlawful for any person to use or induce any carrier, or any agent or employee thereof, to carry or ship any package or receptacle containing liquor without notifying carrier of true nature and character of shipment, and required all packages carrying liquor to contain enumerated information. Section 27, act Oct. 28, 1919, ch. 85, title II, Sec. 15, 41 Stat. 313, made it unlawful for any consignee to accept any package containing liquor upon which appeared a statement known by him to be false, or for any carrier to consign, etc., any such package, knowing such statement to be false. Section 28, act Oct. 28, 1919, ch. 85, title II, Sec. 16, 41 Stat. 313, made it unlawful to order a carrier to deliver liquor to any person not a bona fide consignee. Section 29, act Oct. 28, 1919, ch. 85, title II, Sec. 17, 41 Stat. 313, made it unlawful to advertise liquor, or manufacture, sale, or keeping for sale of liquor, and exempted manufacturers and wholesale druggists holding permits to sell liquor from prohibition when furnishing price lists to persons permitted to purchase liquor or when advertising in business publications. Section 30, act Oct. 28, 1919, ch. 85, title II, Sec. 18, 41 Stat. 313, made it unlawful to advertise, manufacture, sell, or possess for sale any utensil, ingredient, or formula intended for use in unlawful manufacture of intoxicating liquor. Section 31, act Oct. 28, 1919, ch. 85, title II, Sec. 19, 41 Stat. 313, prohibited any person from soliciting or receiving orders for liquor or giving information as to how liquor could be obtained in violation of this title. Section 32, act Oct. 28, 1919, ch. 85, title II, Sec. 20, 41 Stat. 313, gave a right of action to any person injured in person, property, means of support, or otherwise by any intoxicated person against any person who unlawfully sold liquor to such intoxicated person, or caused or contributed to such intoxication. Section 33, act Oct. 28, 1919, ch. 85, title II, Sec. 21, 41 Stat. 314, declared any property used in connection with a violation of this title to be a common nuisance, set forth punishment for maintenance of a common nuisance, and made owner of such property liable. Section 34, act Oct. 28, 1919, ch. 85, title II, Sec. 22, 41 Stat. 314, set forth procedure which authorized an action in equity to enjoin any nuisance defined in this title. Section 35, act Oct. 28, 1919, ch. 85, title II, Sec. 23, 41 Stat. 314, declared any person keeping or carrying liquor with intent to sell, or soliciting orders for liquor guilty of a nuisance and restrainable by injunction. Section 36, act Oct. 29, 1919, ch. 85, title II, Sec. 23, 41 Stat. 314, set forth fees of officers removing and selling property in enforcement of these provisions. Section 37, act Oct. 28, 1919, ch. 85, title II, Sec. 23, 41 Stat. 314, provided that any violation upon any leased premises by the lessee or occupant thereof could, at the option of the lessor, work a forfeiture of lease. Section 38, act Oct. 28, 1919, ch. 85, title II, Sec. 24, 41 Stat. 315, set forth procedure and punishment for violation of any injunction granted pursuant to these provisions. Section 39, act Oct. 28, 1919, ch. 85, title II, Sec. 25, 41 Stat. 315, prohibited unlawful possession of liquor or property designed for manufacture thereof, and authorized issuance of search warrants and destruction of unlawfully possessed liquor and property seized pursuant to such search warrants. Section 40, act Oct. 28, 1919, ch. 85, title II, Sec. 26, 41 Stat. 315, set forth procedure for seizure and destruction of unlawfully transported liquor and sale of any vehicle found to be used for such transportation. ------DocID 36111 Document 30 of 111------ -CITE- 27 USC Sec. 40a -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 40a. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section, act Aug. 27, 1935, ch. 740, Sec. 204, 49 Stat. 878, related to remission or mitigation of forfeiture of a seized vehicle or aircraft. See section 3668 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 20 of act June 25, 1948. ------DocID 36112 Document 31 of 111------ -CITE- 27 USC Sec. 41 to 43 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 41 to 43. Repealed. Aug. 27, 1935, ch. 740, title III, Sec. 308(a), 49 Stat. 880 -MISC1- Section 41, act Mar. 3, 1925, ch. 438, Sec. 1, 43 Stat. 1116, related to use of forfeited vessels or vehicles for enforcement of provisions of this title in lieu of sale. Section 42, acts Mar. 3, 1925, ch. 438, Sec. 2, 43 Stat. 1116; May 27, 1930, ch. 342, Sec. 9, 10, 46 Stat. 430, related to application by a department head for which seizure of a vessel or vehicle is made to deliver such vessel or vehicle to Department of Justice for use in enforcement of this title, the 18th Amendment, or the customs laws. Section 43, act Mar. 3, 1925, ch. 438, Sec. 3, 43 Stat. 1116, related to limitation on use of forfeited vessels or vehicles. ------DocID 36113 Document 32 of 111------ -CITE- 27 USC Sec. 43a, 43b -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 43a, 43b. Omitted -COD- CODIFICATION Section 43a, acts May 14, 1937, ch. 180, Sec. 1, 50 Stat. 145; Mar. 28, 1938, ch. 55. Sec. 1, 52 Stat. 128, related to use by narcotics agents of motor vehicles confiscated pursuant to section 43 of this title. Section 43b, acts May 6, 1939, ch. 115, title I, Sec. 1, 53 Stat. 663; Mar. 25, 1940, ch. 71, title I, 54 Stat. 63, related to use by narcotics agents of motor vehicles confiscated pursuant to section 157 of this title. See section 3616 of Title 18, Crimes and Criminal Procedure. ------DocID 36114 Document 33 of 111------ -CITE- 27 USC Sec. 44 to 57 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 44 to 57. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49 Stat. 872 -MISC1- Section 44, act Oct. 28, 1919, ch. 85, title II, Sec. 27, 41 Stat. 316, authorized delivery to any department or agency of United States, for medicinal, mechanical, or scientific use, or private sale for such purposes to any person having a permit to purchase, of liquor subject to destruction pursuant to provisions of this title. Section 45, act Oct. 28, 1919, ch. 85, title II, Sec. 28, 41 Stat. 316, gave to commissioner, his assistants, agents, and inspectors all power and protection in enforcement of this title which had been conferred by law for enforcement of prior laws relating to manufacture or sale of intoxicating liquor. Section 46, act Oct. 28, 1919, ch. 85, title II, Sec. 29, 41 Stat. 316, set forth punishment for any person found guilty of unlawfully manufacturing or selling liquor, violating provisions of any permit, or making any false record, report, or affidavit. Section 47, act Oct. 28, 1919, ch. 85, title II, Sec. 30, 41 Stat. 317, took away privilege against self-incrimination from any person ordered to testify or produce books, papers, etc., and provided that any person so ordered to testify or produce would be immune from any prosecution based on evidence provided. Section 48, act Oct. 28, 1919, ch. 85, title II, Sec. 31, 41 Stat. 317, set forth venue in any prosecution for unlawful sale of liquor. Section 49, act Oct. 28, 1919, ch. 85, title II, Sec. 32, 41 Stat. 317, authorized joinder of separate offenses in prosecutions for violations of this title, and set forth requirements for any affidavit, information, or indictment issued pursuant to such prosecutions. Section 50, act Oct. 28, 1919, ch. 85, title II, Sec. 33, 41 Stat. 317, made possession of liquor by any person not legally permitted to possess liquor prima facie evidence of unlawful purpose. Section 51, act Oct. 28, 1919, ch. 85, title II, Sec. 34, 41 Stat. 317, authorized inspection by duly authorized personnel of records and reports required to be kept or filed pursuant to this title, and introduction into evidence of duly certified copies of such records and reports. Section 52, act Oct. 28, 1919, ch. 85, title II, Sec. 35, 41 Stat. 317, repealed all provisions of law inconsistent with these provisions, and provided that regulations promulgated pursuant to these provisions were to be construed as in addition to existing laws. Section 53, act Nov. 23, 1921, ch. 134, Sec. 5, 42 Stat. 223, set forth procedure for assessment and collection of all taxes and penalties provided for in section 52 of this title. Section 54, act Nov. 23, 1921, ch. 134, Sec. 5, 42 Stat. 223, exempted from taxation distilled spirits lost by theft, accidental fire, or other casualty, where such loss did not occur as a result of negligence or fraud on part of owner or custodian. Section 55, act Oct. 28, 1919, ch. 85, title II, Sec. 35, 41 Stat. 317, authorized commissioner to compromise any civil cause arising under these provisions with approval of Secretary of the Treasury before bringing action in court, and with approval of Attorney General after action was commenced. Section 56, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 22, limited quantity of spirituous and vinous liquor that could be imported into or manufactured in United States. Section 57, act Oct. 28, 1919, ch. 85, title II, Sec. 37, 41 Stat. 318, exempted from these provisions storage in or transportation to bonded warehouses of liquor manufactured prior to the taking effect of these provisions. ------DocID 36115 Document 34 of 111------ -CITE- 27 USC Sec. 58 to 60 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 58 to 60. Repealed. Mar. 22, 1933, ch. 4, Sec. 2, 48 Stat. 17 -MISC1- Section 58, act Oct. 28, 1919, ch. 85, title II, Sec. 37, 41 Stat. 318, related to development of liquids containing less than one-half of one per centum of alcohol. Section 59, act Oct. 28, 1919, ch. 85, title II, Sec. 37, 41 Stat. 318, related to tax on fortified wines for nonbeverage alcohol. Section 60, act Oct. 28, 1919, ch. 85, title II, Sec. 37, 41 Stat. 318, related to burden of proof with regard to alcoholic content. ------DocID 36116 Document 35 of 111------ -CITE- 27 USC Sec. 61, 62 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 61, 62. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49 Stat. 872 -MISC1- Section 61, act Oct. 28, 1919, ch. 85, title II, Sec. 38, 41 Stat. 319, authorized Commissioner of Internal Revenue and Attorney General of the United States to hire employees and purchase equipment and supplies necessary for enforcement to this title. Section 62, act Oct. 28, 1919, ch. 85, title II, Sec. 39, 41 Stat. 319, authorized issuance of a summons to any person whose property rights were proceeded against or could be affected by a judgment rendered in a proceeding where such person was not the one who in person violated provisions of law. ------DocID 36117 Document 36 of 111------ -CITE- 27 USC Sec. 63 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 63. Repealed. June 19, 1934, ch. 657, Sec. 3, 48 Stat. 1116 -MISC1- Section, acts Oct. 28, 1919, ch. 85, title III, Sec. 20, 41 Stat. 322; July 5, 1932, ch. 428, 47 Stat. 579, made it unlawful to introduce into Canal Zone, or to manufacture, sell, transport, or possess within Canal Zone, any intoxicating liquors, except for sacramental, scientific, or medicinal purposes. ------DocID 36118 Document 37 of 111------ -CITE- 27 USC Sec. 63a to 63d -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 63a to 63d. Transferred -COD- CODIFICATION Sections 63a to 63d, act June 19, 1934, ch. 657, Sec. 1-4, 48 Stat. 1116, which were transferred to sections 1314b to 1314e, respectively, of Title 48, Territories and Insular Possessions, were subsequently repealed by act Aug. 10, 1949, ch. 415, Sec. 9(d), 63 Stat. 597. Section 63a, act June 19, 1934, ch. 657, Sec. 1, 48 Stat. 1116, which authorized President to make rules and regulations with respect to alcoholic beverages in Canal Zone, was transferred to section 1314b of Title 48. Section 63b, act June 19, 1934, ch. 657, Sec. 2, 48 Stat. 1116, which related to punishment for violation of any rules and regulations, was transferred to section 1314c of Title 48. Section 63c, act June 19, 1934, ch. 657, Sec. 3, 48 Stat. 1116, which related to repeal of prior laws, was transferred to section 1314d of Title 48. Section 63d, act June 19, 1934, ch. 657, Sec. 4, 48 Stat. 1116, which related to effective date of sections 63a to 63d of this title, was transferred to section 1314e of Title 48. ------DocID 36119 Document 38 of 111------ -CITE- 27 USC Sec. 64 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 64. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49 Stat. 872 -MISC1- Section, act Oct. 28, 1919, ch. 85, title II, Sec. 36, 41 Stat. 318, provided that invalidity of any provision of this title would not be construed to render invalid other provisions of this title. ------DocID 36120 Document 39 of 111------ -CITE- 27 USC CHAPTER 2A -EXPCITE- TITLE 27 CHAPTER 2A -HEAD- CHAPTER 2A - BEER, ALE, PORTER, AND SIMILAR FERMENTED LIQUOR ------DocID 36121 Document 40 of 111------ -CITE- 27 USC Sec. 64a to 64o -EXPCITE- TITLE 27 CHAPTER 2A -HEAD- Sec. 64a to 64o. Repealed. Aug. 27, 1935, ch. 740, title II, Sec. 202(a), 49 Stat. 877 -MISC1- Section 64a, act Mar. 22, 1933, ch. 4, Sec. 3, 48 Stat. 17, related to manufacture, sale, and transfer of beer, ale, porter, etc., of not more than 3.2 per centum of alcohol. Section 64b, act Mar. 22, 1933, ch. 4, Sec. 3(c), 48 Stat. 17, related to use of mails for advertisements of beer, ale, porter, etc., of not more than 3.2 per centum of alcohol. Section 64c, act Mar. 22, 1933, ch. 4, Sec. 4, 48 Stat. 17, related to permits to manufacture for sale beer, ale, porter, etc., of not more than 3.2 per centum of alcohol. Section 64d, act Mar. 22, 1933, ch. 4, Sec. 4(b), 48 Stat. 18, related to development of beer, ale, porter, etc., of an alcoholic content in excess of that specified in permit with a proviso that such content will subsequently be reduced to prescribed limit. Section 64e, act Mar. 22, 1933, ch. 4, Sec. 4(b)(2), 48 Stat. 18, related to exemption from taxation of fortified wines when used for production of nonbeverage alcohol. Section 64f, act Mar. 22, 1933, ch. 4, Sec. 4(b)(4), 48 Stat. 18, related to burden of proof as to alcoholic content of beer, ale, porter, etc. Section 64g, act Mar. 22, 1933, ch. 4, Sec. 4(c), 48 Stat. 18, related to penalties for unlawful manufacture or sale of beer, ale, porter, etc., under this chapter. Section 64h, act Mar. 22, 1933, ch. 4, Sec. 4(d), 48 Stat. 19, related to geographical applications of sections 64c to 64g of this title. Section 64i, act Mar. 22, 1933, ch. 4, Sec. 5, 48 Stat. 19, related to requirement that at time of sale any beer, ale, porter, etc., manufactured under this chapter must contain no more than 3.2 per centum of alcohol. Section 64j, act Mar. 22, 1933, ch. 4, Sec. 6, 48 Stat. 19, related to prohibition of shipment of beer, ale, porter, etc., of an alcoholic content of 3.2 per centum into dry States. Section 64k, act Mar. 22, 1933, ch. 4, Sec. 7, 48 Stat. 19, related to penalties for violation of prohibition of shipment of beer, ale, porter, etc., into dry States. Section 64l, act Mar. 22, 1933, ch. 4, Sec. 8, 48 Stat. 19, related to penalties and forfeitures incurred prior to effective date of chapter. Section 64m, act Mar. 22, 1933, ch. 4, Sec. 1(c), 48 Stat. 16, related to effect of chapter on existing legislation with respect to internal revenue laws. Section 64n, act Mar. 22, 1933, ch. 4, Sec. 9, 48 Stat. 19, related to effective date of chapter. Section 64o, act Mar. 22, 1933, ch. 4, Sec. 10, 48 Stat. 20, provided for a savings clause for provisions of chapter. ------DocID 36122 Document 41 of 111------ -CITE- 27 USC Sec. 64p -EXPCITE- TITLE 27 CHAPTER 2A -HEAD- Sec. 64p. Omitted -COD- CODIFICATION Section, act June 16, 1933, ch. 105, 48 Stat. 311, authorized legalization of manufacture and sale of 3.2 beer in State of Oklahoma. ------DocID 36123 Document 42 of 111------ -CITE- 27 USC CHAPTER 3 -EXPCITE- TITLE 27 CHAPTER 3 -HEAD- CHAPTER 3 - INDUSTRIAL ALCOHOL ------DocID 36124 Document 43 of 111------ -CITE- 27 USC Sec. 71 to 90a -EXPCITE- TITLE 27 CHAPTER 3 -HEAD- Sec. 71 to 90a. Omitted -COD- CODIFICATION Sections 71 to 75, 78 to 81, 83 to 88, and 90, contained provisions which were incorporated in various sections of the Internal Revenue Code of 1939. For distribution of the Internal Revenue Code of 1939 to the Internal Revenue Code of 1986, see Table I preceding section 1 of Title 26, Internal Revenue Code. Section 71, act Oct. 28, 1919, ch. 85, title III, Sec. 1, 41 Stat. 319, which defined 'alcohol' and 'container', was incorporated in section 3124(a)(1), (2) of Internal Revenue Code of 1939. Section 72, act Oct. 28, 1919, ch. 85, title III, Sec. 2, 41 Stat. 319, provided that a person establishing a plant for production of industrial alcohol shall, before operation, make application to commissioner for registration of his plant, was incorporated in section 3100(a) of Internal Revenue Code of 1939. Section 73, acts Oct. 28, 1919, ch. 85, title III, Sec. 3, 41 Stat. 319; Aug. 27, 1935, ch. 740, Sec. 17, 49 Stat. 876; June 26, 1936, ch. 830, title III, Sec. 329(a), 49 Stat. 1957, provided that warehouses for storage and distribution of alcohol to be used for other than beverage purposes may be established upon filing of application and bond and issuance of permit at such places, was incorporated in section 3101(a) of Internal Revenue Code of 1939. Section 74, act Oct. 28, 1919, ch. 85, title III, Sec. 4, 41 Stat. 320, related to transfer of registered industrial alcohol to other registered industrial alcohol plants or bonded warehouses, was incorporated in section 3107 of Internal Revenue Code of 1939. Section 74a, acts Feb. 24, 1919, ch. 18, Sec. 609, 40 Stat. 1109; June 26, 1936, ch. 830, title III, Sec. 320, 49 Stat. 1953, related to removal of taxable fermented liquors from brewery premises where produced to a contiguous industrial alcohol plant without payment of tax, was incorporated in section 3104 of Internal Revenue Code of 1939. Section 74b, acts Feb. 24, 1919, ch. 18, Sec. 602, 40 Stat. 1106; June 26, 1936, ch. 830, title III, Sec. 308, 49 Stat. 1946, related to transfer of spirits produced at registered distilleries and in receiving cisterns in such distilleries to Internal Revenue Bonded Warehouses for storage until tax payment is made or where tax payment was made, retention of spirits in receiving cisterns, was incorporated in section 2883 of Internal Revenue Code of 1939. Section 75, act Oct. 28, 1919, ch. 85, title III, Sec. 5, 41 Stat. 320, related to time of attachment of any tax imposed by law on alcohol and liability of proprietors of industrial alcohol plants for such taxes, was incorporated in section 3112(a) of Internal Revenue Code of 1939. Section 76, act Oct. 28, 1919, ch. 85, title III, Sec. 6, 41 Stat. 320, related to withdrawal, on or before effective date of 18th Amendment, of distilled spirits remaining in bonded warehouses for denaturing or deposit in warehouses established under chapter. Section 77, act Oct. 28, 1919, ch. 85, title III, Sec. 7, 41 Stat. 320, related to operation of any distillery or bonded warehouse as an industrial alcohol plant or bonded warehouse under chapter. Section 78, act Oct. 28, 1919, ch. 85, title III, Sec. 8, 41 Stat. 320, related to restrictions concerning production, use, or sale of alcohol, was incorporated in section 3106(a) of Internal Revenue Code of 1939. Section 79, act Oct. 28, 1919, ch. 85, title III, Sec. 9, 41 Stat. 320, related to exemption of industrial alcohol plants and bonded warehouses under this chapter from certain laws, was incorporated in section 3103 of Internal Revenue Code of 1939. Section 80, act Oct. 28, 1919, ch. 85, title III, Sec. 10, 41 Stat. 320, related to establishment of denaturing plants and tax-free sale of denatured alcohol, was incorporated in sections 3102, 3109, and 3110 of Internal Revenue Code of 1939. Section 81, acts Oct. 28, 1919, ch. 85, title III, Sec. 11, 41 Stat. 321; Aug. 27, 1935, ch. 740, Sec. 18, 49 Stat. 876; June 26, 1936, ch. 830, title III, Sec. 329(b), 49 Stat. 1957, related to withdrawal of alcohol produced at any industrial alcohol plant tax-free for denaturing, for use by any scientific university, for scientific research by any laboratory, or for use in any hospital or sanitarium, was incorporated in sections 3108(a) and 3124(a) of Internal Revenue Code of 1939. Section 82, act Oct. 28, 1919, ch. 85, title III, Sec. 12, 41 Stat. 321, provided that penalties in chapter shall be in addition to those penalties in chapter 2 of this title unless expressly stated otherwise. Section 83, act Oct. 28, 1919, ch. 85, title III, Sec. 13, 41 Stat. 321, authorized commissioner to issue regulations respecting the establishment, bonding, and operation of industrial alcohol plants, denaturing plants, and bonded warehouses under this chapter, was incorporated in section 3105 of Internal Revenue Code of 1939. Section 84, act Oct. 28, 1919, ch. 85, title III, Sec. 14, 41 Stat. 321, related to a refund of tax on alcohol for loss, evaporation, shrinkage, or leakage, was incorporated in section 3113 of Internal Revenue Code of 1939. Section 85, act Oct. 28, 1919, ch. 85, title III, Sec. 15, 41 Stat. 321, provided for punishment for unlawful operation of industrial alcohol plants or denaturing plants, was incorporated in section 3115(a) of Internal Revenue Code of 1939. Section 86, act Oct. 28, 1919, ch. 85, title III, Sec. 16, 41 Stat. 322, related to collection of any tax on alcohol by assessment or by stamp, was incorporated in section 3112(a) of Internal Revenue Code of 1939. Section 87, act Oct. 28, 1919, ch. 85, title III, Sec. 17, 41 Stat. 322, related to release of seized property to claimant or any intervening party at discretion of commissioner, was incorporated in section 3118 of Internal Revenue Code of 1939. Section 88, act Oct. 28, 1919, ch. 85, title III, Sec. 18, 41 Stat. 322, related to applicability of administrative provisions of internal revenue laws, was incorporated in section 3122 of Internal Revenue Code of 1939. Section 89, act Oct. 28, 1919, ch. 85, title III, Sec. 19, 41 Stat. 322, provided for repeal of prior laws relating to alcohol. Section 90, act June 26, 1936, ch. 830, title III, Sec. 329(c), 49 Stat. 1957, related to extension of industrial alcohol laws to Puerto Rico and Virgin Islands, was incorporated in section 3123 of Internal Revenue Code of 1939. Section 90a, act June 26, 1936, ch. 830, title IV, Sec. 414, 49 Stat. 1964, related to effect of act June 26, 1936, upon chapter. ------DocID 36125 Document 44 of 111------ -CITE- 27 USC CHAPTER 4 -EXPCITE- TITLE 27 CHAPTER 4 -HEAD- CHAPTER 4 - PENALTIES ------DocID 36126 Document 45 of 111------ -CITE- 27 USC Sec. 91, 92 -EXPCITE- TITLE 27 CHAPTER 4 -HEAD- Sec. 91, 92. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49 Stat. 872 -MISC1- Section 91, acts Mar. 2, 1929, ch. 473, Sec. 1, 45 Stat. 1446; Jan. 15, 1931, ch. 29, 46 Stat. 1036, set forth maximum penalties that could be imposed in a criminal prosecution for illegal manufacture, sale, transportation, importation, or exportation of intoxicating liquor, as defined in section 4 of this title. Section 92, act Mar. 2, 1929, ch. 473, Sec. 2, 45 Stat. 1446, provided that section 91 of this title did not operate to repeal or eliminate any minimum penalty provided by this title for first or subsequent offense. ------DocID 36127 Document 46 of 111------ -CITE- 27 USC CHAPTER 5 -EXPCITE- TITLE 27 CHAPTER 5 -HEAD- CHAPTER 5 - PROHIBITION REORGANIZATION ACT OF 1930 ------DocID 36128 Document 47 of 111------ -CITE- 27 USC Sec. 101 to 108 -EXPCITE- TITLE 27 CHAPTER 5 -HEAD- Sec. 101 to 108. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49 Stat. 872 -MISC1- Section 101, act May 27, 1930, ch. 342, Sec. 1, 46 Stat. 427, provided that this chapter may be cited as the 'Prohibition Reorganization Act of 1930'. Section 102, act May 27, 1930, ch. 342, Sec. 2, 46 Stat. 427, established a Bureau of Prohibition in Department of Justice and authorized appointment of a Director and Assistant Director of Prohibition and designation of officers and employees. Section 103, act May 27, 1930, ch. 342, Sec. 3, 46 Stat. 428, related to creation of an enforcement division in Bureau of Prohibition in Treasury Department. Section 104, act May 27, 1930, ch. 342, Sec. 4, 46 Stat. 428, related to imposition of duties on Attorney General with respect to enforcement of prohibition laws. Section 105, acts May 27, 1930, ch. 342, Sec. 5, 46 Stat. 429; Mar. 31, 1933, ch. 18, Sec. 4, 48 Stat. 24, authorized Attorney General and Secretary of the Treasury to jointly prescribe regulations relating to permits and prescriptions for liquor for medicinal purposes. Section 106, act May 27, 1930, ch. 342, Sec. 6, 46 Stat. 429, related to filing of reports by Attorney General with Secretary of the Treasury with respect to civil liabilities for taxes and penalties and filing of reports by Secretary of the Treasury with Attorney General with respect to revocation of permits. Section 107, act May 27, 1930, ch. 342, Sec. 7, 46 Stat. 429, related to grant, renewal, and amendment of permits. Section 108, act May 27, 1930, ch. 342, Sec. 8, 46 Stat. 430, provided that Bureau of Prohibition shall hereafter be known as Bureau of Industrial Alcohol, and Commissioner of Prohibition shall hereafter have title of Commissioner of Industrial Alcohol. ------DocID 36129 Document 48 of 111------ -CITE- 27 USC CHAPTER 6 -EXPCITE- TITLE 27 CHAPTER 6 -HEAD- CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE -MISC1- Sec. 121. State statutes as operative on termination of transportation; original packages. 122. Shipments into States for possession or sale in violation of State law. 123. Repealed. ------DocID 36130 Document 49 of 111------ -CITE- 27 USC Sec. 121 -EXPCITE- TITLE 27 CHAPTER 6 -HEAD- Sec. 121. State statutes as operative on termination of transportation; original packages -STATUTE- All fermented, distilled, or other intoxicating liquors or liquids transported into any State or Territory or remaining therein for use, consumption, sale, or storage therein, shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such liquids or liquors had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. -SOURCE- (Aug. 8, 1890, ch. 728, 26 Stat. 313.) -MISC1- SHORT TITLE Act Aug. 8, 1890, is popularly known as the 'Wilson Act' or the 'Original Packages Act'. ------DocID 36131 Document 50 of 111------ -CITE- 27 USC Sec. 122 -EXPCITE- TITLE 27 CHAPTER 6 -HEAD- Sec. 122. Shipments into States for possession or sale in violation of State law -STATUTE- The shipment or transportation, in any manner or by any means whatsoever, of any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, which said spirituous, vinous, malted, fermented, or other intoxicating liquor is intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of such State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, is prohibited. -SOURCE- (Mar. 1, 1913, ch. 90, 37 Stat. 699; Aug. 27, 1935, ch. 740, Sec. 202(b), 49 Stat. 877.) -MISC1- AMENDMENTS 1935 - Act Aug. 27, 1935, reenacted section without change. SHORT TITLE Act Mar. 1, 1913, is popularly known as the 'Webb-Kenyon Act'. ------DocID 36132 Document 51 of 111------ -CITE- 27 USC Sec. 123 -EXPCITE- TITLE 27 CHAPTER 6 -HEAD- Sec. 123. Repealed. June 25, 1936, ch. 815, Sec. 9, 49 Stat. 1930 -MISC1- Section, acts Mar. 3, 1917, ch. 162, Sec. 5, 39 Stat. 1069; Mar. 4, 1917, ch. 192, 39 Stat. 1202; Feb. 24, 1919, ch. 18, Sec. 1407, 40 Stat. 1151; Jan. 11, 1934, ch. 1, title I, Sec. 12, 48 Stat. 316, prescribed punishment for violation of section 122 of this title. ------DocID 36133 Document 52 of 111------ -CITE- 27 USC CHAPTER 7 -EXPCITE- TITLE 27 CHAPTER 7 -HEAD- CHAPTER 7 - LIQUOR LAW REPEAL AND ENFORCEMENT ACT ------DocID 36134 Document 53 of 111------ -CITE- 27 USC Sec. 151 to 167 -EXPCITE- TITLE 27 CHAPTER 7 -HEAD- Sec. 151 to 167. Omitted -COD- CODIFICATION Sections contained provisions which were incorporated in various sections of the Internal Revenue Code of 1939. For distribution of the Internal Revenue Code of 1939 to the Internal Revenue Code of 1986, see Table I preceding section 1 of Title 26, Internal Revenue Code. Section 151, act Aug. 27, 1935, ch. 740, Sec. 2, 49 Stat. 872, defined 'person', 'Commissioner', 'application', 'permit', 'bond', 'regulation', and 'articles', was incorporated in section 3124(a)(3)-(8) of the Internal Revenue Code of 1939. Section 152, act Aug. 27, 1935, ch. 740, Sec. 3, 49 Stat. 872, authorized Commissioner, his assistants, agents, and inspectors to investigate and report to United States attorney violations of this chapter and chapter 3 of this title, was incorporated in section 3117(a) of the Internal Revenue Code of 1939. Section 153, act Aug. 27, 1935, ch. 740, Sec. 4, 49 Stat. 872, subjected violators of laws relating to denatured alcohol to laws relating to nondenatured alcohol, was incorporated in section 3111 of Internal Revenue Code of 1939. Section 154, act Aug. 27, 1935, ch. 740, Sec. 5, 49 Stat. 873, related to revocation of manufacturer's permits for false descriptions of denatured alcohol, was incorporated in section 3114(c) of Internal Revenue Code of 1939. Section 155, act Aug. 27, 1935, ch. 740, Sec. 6, 49 Stat. 873, required persons manufacturing or dealing in denatured alcohol to obtain a permit from Commissioner, was incorporated in section 3114(a) of Internal Revenue Code of 1939. Section 156, act Aug. 27, 1935, ch. 740, Sec. 7, 49 Stat. 874, provided for revocation of permits by Commissioner where terms of permit have been violated or provisions of this chapter and chapter 3 of this title have not been conformed to or other laws and regulations relating to intoxicating liquor have been violated, was incorporated in section 3114(b) of Internal Revenue Code of 1939. Section 157, act Aug. 27, 1935, ch. 740, Sec. 8, 49 Stat. 874, related to search, seizure, and forfeiture of liquor or property to be used in violation of this chapter or chapter 3 of this title or laws or regulations with respect to intoxicating liquor, was incorporated in section 3116 of Internal Revenue Code of 1939. Section 158, act Aug. 27, 1935, ch. 740, Sec. 9, 49 Stat. 875, related to rights, privileges, powers, and protection of Commissioner and his assistants and employees, was incorporated in section 3121(a) of Internal Revenue Code of 1939. Section 159, act Aug. 27, 1935, ch. 740, Sec. 10, 49 Stat. 875, related to penalties prescribed for violation of provisions of this chapter, was incorporated in section 3115(b) of Internal Revenue Code of 1939. Section 160, act Aug. 27, 1935, ch. 740, Sec. 11, 49 Stat. 875, related to privileges and immunities of witnesses, was incorporated in section 3119 of Internal Revenue Code of 1939. Section 161, act Aug. 27, 1935, ch. 740, Sec. 12, 49 Stat. 875, related to place of sale when delivery is made by a carrier for purposes of prosecution or revocation of any permit, was incorporated in section 3114(d) of Internal Revenue Code of 1939. Section 162, act Aug. 27, 1935, ch. 740, Sec. 13, 49 Stat. 875, related to affidavits, information, and indictments for violation of this chapter, was incorporated in section 3120 of Internal Revenue Code of 1939. Section 163, act Aug. 27, 1935, ch. 740, Sec. 14, 49 Stat. 876, related to inspection of records, liquor, and property with respect to this chapter by Commissioner, was incorporated in section 3121(c) of Internal Revenue Code of 1939. Section 164, act Aug. 27, 1935, ch. 740, Sec. 2, 49 Stat. 872, authorized Commissioner to designate assistants or agents to perform certain duties, was incorporated in section 3121(d) of Internal Revenue Code of 1939. Section 165, act Aug. 27, 1935, ch. 740, Sec. 15, 49 Stat. 876, provided that a conviction under this chapter or chapter 3 of this title will bar a subsequent prosecution under another law relating to intoxicating liquors, was incorporated in section 3115(c) of Internal Revenue Code of 1939. Section 166, act Aug. 27, 1935, ch. 740, Sec. 16, 49 Stat. 876, provided that no tax will be assessed or collected where distilled spirits are lost, stolen, or destroyed by fire or other casualty, was incorporated in section 3113(a) of Internal Revenue Code of 1939. Section 167, act Aug. 27, 1935, ch. 740, Sec. 1, 49 Stat. 872, provided that this chapter may be cited as 'Liquor Law Repeal and Enforcement Act'. ------DocID 36135 Document 54 of 111------ -CITE- 27 USC CHAPTER 8 -EXPCITE- TITLE 27 CHAPTER 8 -HEAD- CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT -MISC1- SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION Sec. 201. Short title. 202. General provisions. (a) to (d) Omitted. (e) Expenditures. (f) Utilization of other governmental agencies. (g) Applicability of other laws. (h) Reports to Secretary. 202a to 202c. Repealed or Omitted. 203. Unlawful businesses without permit; application to State agency. 204. Permits. (a) Who entitled thereto. (b) Refusal of permit; hearing. (c) Form of application. (d) Conditions. (e) Revocation, suspension, and annulment. (f) Service of orders. (g) Duration. (h) Appeal; procedure. (i) Limitation. 205. Unfair competition and unlawful practices. (a) Exclusive outlet. (b) 'Tied house'. (c) Commercial bribery. (d) Consignment sales. (e) Labeling. (f) Advertising. 206. Bulk sales and bottling. (a) Offenses. (b) Penalty. (c) 'In bulk' defined. 207. Penalties; jurisdiction; compromise of liability. 208. Interlocking directorates. (a) Offenses. (b) Conditions of lawfully taking office. (c) 'Company' defined. (d) Penalty. 209, 210. Omitted. 211. Miscellaneous provisions. (a) Definitions. (b) Right to amend or repeal. (c) Separability. 212. Omitted. SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING 213. Declaration of policy and purpose. 214. Definitions. 215. Labeling requirement. (a) Statement required on container. (b) Conspicuous and prominent location of statement on container. (c) Alcoholic beverages intended for export; beverages intended for Armed Forces of the United States. (d) Powers of Secretary; rules and regulations; consultation and coordination with Surgeon General. 216. Preemption. 217. Report to Congress. 218. Civil penalties. 219. Injunction proceedings; compromise of liability. 219a. Severability. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 1459; title 19 section 1754; title 26 section 5171. ------DocID 36136 Document 55 of 111------ -CITE- 27 USC SUBCHAPTER I -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER I -HEAD- SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION ------DocID 36137 Document 56 of 111------ -CITE- 27 USC Sec. 201 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 201. Short title -STATUTE- This subchapter may be cited as the 'Federal Alcohol Administration Act'. -SOURCE- (Aug. 29, 1935, ch. 814, title I, Sec. 101, formerly Sec. 1, 49 Stat. 977; renumbered title I, Sec. 101, and amended Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), (b)(1), 102 Stat. 4517, 4521.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-690, Sec. 8001(b)(1), amended section generally, substituting 'subchapter' for 'chapter'. SHORT TITLE Section 201 of title II of act Aug. 29, 1935, as added Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(3), 102 Stat. 4518, provided that: 'This title (enacting subchapter II of this chapter) may be cited as the 'Alcoholic Beverage Labeling Act of 1988'.' -TRANS- TRANSFER OF FUNCTIONS Federal Alcohol Administration and offices of members and Administrator thereof were abolished and their functions directed to be administered under direction and supervision of Secretary of Treasury through Bureau of Internal Revenue (now Internal Revenue Service) in Department of Treasury, by Reorg. Plan No. III of 1940, Sec. 2, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1232, set out in the Appendix to Title 5, Government Organization and Employees. See also, sections 8 and 9 of said plan for provisions relating to transfer of records, property, personnel, and funds. Section 2 of Reorg. Plan No. III of 1940 was repealed as executed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085, the first section of which enacted Title 31, Money and Finance. Department of the Treasury Order 221 of July 1, 1972, established the Bureau of Alcohol, Tobacco and Firearms and transferred to it the alcohol and functions of the Internal Revenue Service. ------DocID 36138 Document 57 of 111------ -CITE- 27 USC Sec. 202 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 202. General provisions -STATUTE- (a) to (d) Omitted (e) Expenditures Appropriations to carry out powers and duties of the Secretary of the Treasury under this chapter shall be available for expenditure, among other purposes, for personal services and rent in the District of Columbia and elsewhere, expenses for travel and subsistence, for law books, books of reference, magazines, periodicals, and newspapers, for contract stenographic reporting services, for subscriptions for library services, for purchase of samples for analysis or use as evidence, and for holding conferences of State and Federal liquor control officials. (f) Utilization of other governmental agencies The Secretary of the Treasury may, with the consent of the department or agency affected, utilize the services of any department or other agency of the Government to the extent necessary to carry out his powers and duties under this chapter and authorize officers and employees thereof to act as his agents. (g) Applicability of other laws The provisions including penalties, of sections 49 and 50 of title 15, shall be applicable to the jurisdiction, powers, and duties of the Secretary of the Treasury under this chapter, and to any person (whether or not a corporation) subject to the provisions of laws administered by the Secretary of the Treasury under this chapter. (h) Reports to Secretary The Secretary of the Treasury is authorized to require, in such manner and form as he shall prescribe, such reports as are necessary to carry out his powers and duties under this chapter. -SOURCE- (Aug. 29, 1935, ch. 814, title I, Sec. 102, formerly Sec. 2, 49 Stat. 977; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 7, 1946, ch. 770, Sec. 1(46), 60 Stat. 870; renumbered title I, Sec. 102, Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), 102 Stat. 4517.) -COD- CODIFICATION Subsections (a) to (d) provided for the creation of a Federal Alcohol Administration as a division of the Treasury Department. By act June 26, 1936, ch. 830, title V, 49 Stat. 1964, however, those subsections were repealed and a new Administration created as an independent agency. The repealing act was to be effective when the new administrators authorized thereby were appointed. While the officers so authorized were never appointed and the repeal therefore never became effective, subsections (a) to (d) have been omitted in view of Reorg. Plan No. III of 1940, set out in the Appendix to Title 5, Government Organization and Employees, which abolished the Administration and transferred its